The Chief Justice of the Milimani Court, David Ndungi, rejected a plea by Apostle Ng’ang’a on Wednesday to allow his accuser to withdraw the lawsuit in order to set criminal liability
The pastor’s lawyer informed the magistrate that an agreement had been made between the preacher and the complainant, Mr. Wickson Njoroge Mwathe, who claims that the pastor Ng’ang’a cheated on a lease.
The pastor’s lawyer informed the magistrate that “the parties have agreed to settle the matter out of court, and Mr. Mwathe is ready for the nittiness. to explain -gritty the agreement ”.
send proposal to DPP
But the magistrate asked The defense lawyers asked whether they had contacted the Office of the Director of the Public Prosecutor’s Office (DPP) with the proposal.
The defense lawyer answered in the negative with the public prosecutor, Mr Abel Omariba, and said he was not privy to the agreement.
Mr. Ndungi then informed the accused that all steps to settle the case must have been taken by his DPP Office.
“There is no way that an accused or a complainant can ask a court to terminate proceedings if the DPP does not know about it. “, Explained Mr. Ndungi.
He told Pastor Ng’ang’a, Mr. Mwathe and the defense attorney to contact the DPP office and wishing to spread the idea that the case be settled out of court and the charges against the evangelist withdrawn. The judge went on to say that while alternative dispute resolution is being encouraged, they however, be within due process and due process.
However, the defense lawyer insisted that the complainant be given an oath, consent and re-indict Inst the pastor withdrew as the accused intends to fly overseas on an operation.
Mr. Ndungi advised the accused to speed up his gesture by addressing the DPP, who will finally communicate his decision to the court via the prosecutor.
The magistrate ordered that the case be mentioned on October 14, 2021 so that Pastor Ng’ang ‘ a and his attorney details the prosecution.
The preacher was charged with fraud after the Supreme Court refused to prevent the DPP from prosecuting.
He had asked the High Court to block criminal proceedings against him as it was a commercial transaction
Pastor Ng’ang’a has denied that Mr. Mwathe received 3.6 million Shen at the upscale Karen property in Nairobi.
Prosecutors say Pastor Ng’ang’a committed the crime on April 6, 2016 in the office of the Neno Evangelism Center on Haile Selassie Avenue, Nairobi.
Pastor Ng’ang’a is on the way.
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